Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 103ZT

103ZT Direction about responses to non-consensual sexual activity

The judge may direct the jury that—

(a) there is no typical, normal or proper response to non-consensual sexual activity; and

(b) people may respond to non-consensual sexual activity in different ways, including by freezing and not saying or doing anything; and

Note—

Under the Criminal Code , section 348AA (1) (a) , for the purposes of chapter 32 of the Code , a person does not consent to an act if the person does not say or do anything to communicate consent.

(c) the jury must avoid making assessments based on preconceived ideas about how people respond to non-consensual sexual activity.